Siegelman seeks delay on new hearing

Attorneys for former Alabama Gov. Don Siegelman asked a federal appeals court Monday to delay his resentencing until the U.S. Supreme Court can review his appeal.

By Bob JohnsonThe Associated Press

MONTGOMERY | Attorneys for former Alabama Gov. Don Siegelman asked a federal appeals court Monday to delay his resentencing until the U.S. Supreme Court can review his appeal.

Siegelman's attorneys filed a motion for a delay with the 11th U.S. Circuit Court of Appeals, which earlier upheld five and threw out two of the charges he was convicted of in a corruption case.

The panel of three appellate judges in March ordered the case returned to U.S. District Judge Mark Fuller in Montgomery for a new sentencing hearing. Fuller originally sentenced the former governor to more than seven years in prison. The 11th Circuit ordered him released last year on an appeal bond after serving nine months in federal prison.Siegelman's chief attorney, Vince Kilborn, said he wants the appellate court to wait to send the case back to Fuller until the U.S. Supreme Court decides if it will consider the appeal Siegelman plans to file.'We believe there are substantial issues for the Supreme Court to consider in this case,' Kilborn said.Fuller could order Siegelman sent back to prison as soon as the case is returned to Montgomery, but the motion said that would interfere with Siegelman's ability to assist with preparation of the appeal to the Supreme Court.